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Terms & Conditions - Terms of
Use
Welcome to PGD Canada, Inc. (“We”, “Us” or “PGD
Canada”). This agreement published at
www.pgdcanada.com
binds all signatories to the print and online PGD
Canada Subscription Order Form. By signing this
order form and accessing and by the mere act of
visiting the PGD Canada Web site ("Web site") even
without reading the Terms of
Use, a subscriber (“the Subscriber”) is agreeing
with, to be bound by and adhere to PGD Canada’s
(“PGD Canada”) Terms of Use.
We encourage you to review the
Terms of Use, along with the
Privacy Policy, which
is incorporated by reference, as they form a binding
agreement between PGD Canada and you. In addition,
because PGD Canada may revise these
Terms of Use from time to time, in our discretion,
we also encourage you to check back periodically
to familiarize yourself with any changes. If we
make any changes or modifications, we will post
the updated Terms of Use
on the Web site. Please note that the changes
become effective immediately at the time of posting.
Remember that this Terms of
Use applies only to the Web site and does
not apply to the content of third parties who may
have links on our Web site.
In addition, when using particular Promotional
Services, you shall be subject to additional terms
and any posted guidelines or rules applicable to
such services that may be posted from time to time.
All such guidelines or rules are hereby incorporated
by reference into these Terms
of Use.
If you have any questions regarding the use of
the product please click first on the Support button
of the Web site which will link you to the Online
Search Help and the Frequently Asked Questions.
All other questions or comments about the Web site
or its contents should be directed to PGD Canada’s
Customer Support Team.
INDEX OF PROVISIONS
1. BECOMING A MEMBER
AND REGISTERING ON THE WEB SITE
A. Accessing the Site and Becoming a Member.
THE WEB SITE IS INTENDED SOLELY FOR ACCESS AND USE
BY INDIVIDUALS IN THE NON-PROFIT AND FUNDRAISNG
INDUSTRY. BY ACCESSING AND USING THE WEB SITE AND
SERVICES, YOU ARE CERTIFYING THAT YOU ARE A PROFESSIONAL
IN THE NON-PROFIT AND FUNDRASING COMMUNITY. While
there are parts of the Web site that are available
only to subscribers who purchase a fee-based membership
and services, there is no cost to register to use
our non-fee based FREE TRIAL services. If you are
merely surfing or browsing through the site and
have not yet registered to become a member, your
use of the Web site is still subject to the
Terms of Use; if you
do not agree to the Terms of
Use, do not use the Web site. The specific
Services available to you will vary depending upon
whether you register for a free trial membership
and whether or not you choose to purchase a fee-based
subscription membership or service. Your use of
the Web site may also be subject to additional terms
outlined elsewhere in this agreement (the "Additional
Terms"). Please review these Additional Terms as
they also form a binding part of our agreement with
you. Once you register with us as a free trial member
(FREE TRIAL SERVICE) or purchase a fee-based subscription
membership, we consider you a "member" of the PGD
Canada community. Your membership and password are
only valid for your non-commercial use of the Web
site.
B. Your Information. When you register on the
Web site we may ask you to provide us with certain
personal information about yourself including, without
limitation, your name, organization address, telephone
number, email or other electronic address and applicable
billing information (e.g., credit card number and
expiration date) (collectively, "Your Information").
Please review our Privacy Policy
for clarification on how we may use Your Information
and other information that you may provide or submit
while using the Web site and our Services. For your
part, you agree that all Your Information that you
provide to us or post on the Web site is complete,
accurate and up to date. You will notify us of any
changes to Your Information. If you fail to update
Your Information or if all or part of Your Information
is (or appears to be) untrue, inaccurate, or incomplete
we may suspend or terminate your membership and
refuse any and all current or future use of our
Web site and services without refund to you of any
fees paid.
Without limiting any of the foregoing, you are
responsible for ensuring that the email address
you submit to the Web site as part of your registration
and during the course of your membership is valid.
Please note that your work email may be subject
to additional limitations placed on its use by your
employer, and see to it that you unblock any filters
your email service may have. It is therefore, your
responsibility to make sure you (the subscriber)
has full access to all PGD Canada’s products and
services. If you use an email System that interferes
with the delivery of PGD Canada Services and Communications,
we may not be able to provide you with certain Services.
In order to cooperate with governmental requests,
subpoenas or court orders, to protect our systems,
or to ensure the integrity and operation of our
business and systems, we may access and disclose
any information we consider necessary or appropriate,
including, without limitation, Your Information,
IP address and traffic information, and usage history.
Our right to disclose any such information shall
govern over any terms of our
Privacy Policy.
C. Your Password. Once your payment is approved,
PGD Canada will send you an email informing you
that your account has been activated. You will then
be allowed to use the password you selected during
the registration process. Because any activities
that occur under your registration number or password
are your responsibility, it is important for you
to keep your registration number and password secure.
Notify us immediately if you believe that someone
has used your registration or password without your
authorization.
D. Communications. From time to time, we will
send you communications, in keeping with our
Privacy Policy and as
otherwise permitted in these
Terms of Use ("PGD Canada Communications").
Please note that any number of issues may interfere
with your receipt of such communications, including,
without limit, some types of email Systems that
may use filtering or blocking techniques that are
intended to block email. PGD Canada is not responsible
for the actual delivery or your actual receipt of
these communications.
2.
MEMBER CONDUCT
A. PGD CANADA PROPERTY RIGHTS
The Web site (and all of the material that it
contains) is owned by PGD Canada and is protected
by intellectual property and other laws throughout
the world. Nothing found on the Web site may be
copied, reproduced, republished, distributed, sold,
licensed, transferred or modified without the express
written permission of PGD Canada. In addition, the
trademarks, logos and service marks displayed on
the Web site are the property of PGD Canada.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION,
REPUBLISHING, DOWNLOADING, DISTRIUBTING OR DUPLICATING
OR ANY OTHER MISUSE OF ANY PART OF THE WEB SITE
IS PROHIBITED. Nothing contained in the
Terms of Use or in the
materials on the Web site should be construed without
the prior written consent of PGD Canada.
3. AVAILABILITY
OF SERVICES
PGD Canada does not provide you with access to
the Internet or the equipment necessary to access
the Internet or the Web site or Services. You are
responsible for the fees charged by other parties
to obtain access to our Web site and Services (by
way of example only, Internet service provider)
and for providing the equipment necessary to access
the Web site and Services. From time to time PGD
Canada may modify, suspend or discontinue any of
the Services offered on our Web site without notice
to you. PGD Canada shall not be liable to you for
any modification, suspension or discontinuance of
Services. PGD Canada may establish certain policies
and practices concerning use of the Services. We
reserve the right to change our practices and policies
at any time, and the cost of PGD Canada’s annual
subscription fee, in our sole discretion, with or
without notice to you.
4. LINKING
TO OR FROM OUR WEB SITE
You cannot link to our Web site without our prior
written consent. While our Web site may have links
to the Web sites of other companies and parties,
PGD Canada has no control over those Web sites.
PGD Canada is not responsible or liable for any
content, advertising, products, services or other
materials on or available from those Web sites.
PGD Canada is not responsible or liable, directly
or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use
of or reliance on any content, advertising, products,
services or other materials on those Web sites.
5. TERMINATION/CANCELLATION
You may terminate your registration at any time
by contacting our Customer Service Department. If
you have a dispute with us relating to the Web site
or the Services, you may cancel your registration
or cease use of the Web site. The cancellation of
your membership or ceasing all use of our Web site
is your only remedy with respect to any such dispute
that you may have with us. We will attempt to process
all cancellation requests within 72 hours after
we receive your request. If you have purchased a
fee-based subscription service from us, any such
termination or cancellation will not receive a refund.
From time to time, certain members do not comply
with the terms and conditions in the
Terms of Use. If we determine,
in our sole discretion, that you are not in compliance
with the Terms of Use,
we reserve the right to terminate your membership.
Upon any termination or cancellation of your membership,
we may immediately deactivate or delete your membership
and all related information and/or bar any further
access to our products and services. You will not
receive a refund if your membership is terminated
due to you not being in compliance with the
Terms of Use on our Web
site.
6. PRIVACY
PGD Canada believes strongly in protecting the
privacy of users of the Web site and providing you
with notice of our collection and use of data, including
personally identifying information collected from
the Web site. Therefore, PGD Canada has adopted
a Privacy Policy that
you should read to fully understand how we collect
and use information. Click
here to read PGD Canada’s
Privacy Policy in its
entirety.
7. DISCLAIMER
OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
OUR WEB SITE AND THE SERVICES PROVIDED THROUGH
IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. PGD CANADA DISCLAIMS TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND
CONTENT OF THE WEB SITE ARE NOT WARRANTED TO BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND
PGD CANADA MAKES NO WARRANTY THAT THE INFORMATION
ON THE WEB SITE WILL BE ACCURATE, CURRENT OR RELIABLE
OR THAT THE QUALITY ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE WEB SITE WILL MEET YOUR EXPECTATIONS. PGD CANADA
DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE
TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY
INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK
OF LOSS AND DAMAGE DUE TO YOUR USE OF THE WEB SITE,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM ANY USE OR DOWNLOAD OF ANY SUCH MATERIAL FROM
OUR WEB SITE.
All of the information in this site, whether historical
in nature or forward-looking, speaks only as of
the date the information is posted on this site,
and PGD Canada does not undertake any obligation
to update such information after it is posted or
to remove such information from this site if it
is not, or is no longer accurate or complete.
8. LIMITATIONS
OF LIABILITY
UNDER NO CIRCUMSTANCES WILL PGD CANADA BE LIABLE
TO THE SUBSCRIBER OR ANYONE ELSE. PGD CANADA AND
ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR
RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES,
LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING
WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED
IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF,
OR INABILITY TO USE, THE WEB SITE, EVEN IF PGD CANADA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
9. INDEMNIFICATION
You shall indemnify and hold harmless, and at
PGD Canada’s request defend, PGD Canada, its parents,
subsidiaries, and affiliates, as well as their respective
directors, officers, shareholders, employees, agents
and owners (each, an "Indemnified Party") from and
against any and all claims, proceedings, damages,
injuries, liabilities, losses, costs and expenses
(including reasonable attorneys' fees, an allocation
for in-house counsel, and other legal costs) arising
out of your acts or omissions, including claims
resulting from your use of the Web site, your submission,
posting or transmission of information or Content,
or any breach of your obligations set forth in this
agreement. You shall reimburse each Indemnified
Party on demand for any costs, expenses and liabilities
incurred by such Indemnified Party to which this
indemnity relates.
10. CHOICE
OF LAW & VENUE
The Terms of Use,
your access and use of the Web site and Services
and the relationship between you and PGD Canada
is governed by the laws of the City of Toronto,
without giving effect to its conflict of law provisions.
The agreement will be governed by and construed
in accordance with the laws of the Province of Ontario.
11. COPYRIGHT
AND TRADEMARK NOTICE
All information on the PGD Canada and in its
databases is protected by copyright under Canadian
copyright laws, international conventions and other
copyright laws. Any reproduction, modification,
publication, sale or exploitation of the information
in any form or by any means, is prohibited. All
content of PGD Canada’s Web sites are: Copyright
© 2006 PGD Canada, 114A Caster Avenue, Woodbridge,
Ontario, L4L M5Y All rights reserved. PGD, PGD Canada,
pgdcanada.com and all the brands of other PGD Canada’s
products and services shown herein are the trademarks
or registered trademarks of PGD Canada.
12. LINKING TO www.pgdcanada.com
No third party Web site may have links to www.pgdcanada.com
without PGD Canada’s consent. If a third party would
like to have the PGD Canada link on their Web site,
you must request permission to do so. You should
forward your request to
info@pgdcanada.com
and we will notify you if permission is granted,
and what terms and conditions apply.
13. MISCELLANEOUS
TERMS
Our relationship is not one of agency or partnership
and you shall be deemed to be a partner, employee,
fiduciary, agent or representative of the other
by your use of the Web site. You may not assign
or transfer your rights to any third party. The
terms and conditions in the
Terms of Use are severable. In the event
that any provision is determined to be unenforceable
or invalid, such provision shall still be enforced
to the fullest extent permitted by applicable law,
and such determination shall not affect the validity
and enforceability of any other remaining provisions.
If PGD Canada fails to enforce any provision of
the Terms of Use it shall
not constitute a waiver of such provision. The
Terms of Use may be modified
only by PGD Canada posting changes to the
Terms of Use on the Web
site. Each time you access the Web site, you will
be deemed to have accepted any such changes in effect
at the time of access. We may assign our rights
and obligations under the Terms
of Use. This agreement will inure to the
benefit of PGD Canada’s successors, assigns and
licensees. The failure of either party to insist
upon or enforce the strict performance of the other
party with respect to any provision of the
Terms of Use, or to exercise
any right thereunder, will not be construed as a
waiver or relinquishment to any extent of such party's
right to assert or rely upon any such provision
or right in that or any other instance; rather,
the same will be and remain in full force and effect.
The Terms of Use, the
Additional Terms below, the attachments thereto,
and the documents incorporated by reference, constitute
the entire understanding between us regarding your
access to, license and use of the Web site and our
Services, and they supersede any prior agreements,
statements or representations with respect to the
same.
14. ADDITIONAL TERMS
SUBSCRIPTION SERVICES
Subscription Services. Some features of or services
provided through, the Web site require a fee-based
subscription (all fee-based subscriptions are referred
to as ("Subscription Services"). On receiving payment
for Subscription Services by the Subscriber, PGD
Canada grants the Subscriber for the agreed upon
term (one year) a nonexclusive, rights to access
PGD Canada for internal purposes only. The subscriber
may use the information obtained from PGD Canada
for the sole purpose of meeting the organization’s
fundraising needs. If you elect to purchase Subscription
Services you understand that your subscription is
personal to you and the members of your organization,
and you may not transfer or make available your
account name and password to others, including without
limitation, other organizations. Any distribution
by you of your account name and password may result
in cancellation of your subscription without refund
and in additional charges based on unauthorized
use. From time to time, the Subscription Services
may change without prior notice. The Subscription
service is renewed and reviewed on an annual basis.
PGD Canada will best ensure that the Subscriber
has access to PGD Canada for the subscription period.
PGD Canada is not responsible for any failure or
interruption of electronic connection to PGD Canada.
Canceling Subscription Services. You may terminate
Subscription Services at any time by contacting
our Customer Support Team. If you have a dispute
with us relating to the Web site or the Subscription
Services, you may cancel the Subscription Services.
The cancellation of Subscription Services is your
only remedy with respect to any such dispute that
you may have with us. We will attempt to process
all cancellation requests within 72 hours after
we receive your request. Any such termination or
cancellation is subject to the no-refund policy
described below. Please remember that if we determine,
in our sole discretion, that you are not complying
with the Terms of Use,
we reserve the right to terminate your Subscription
Services. Upon any termination or cancellation of
your Subscription Services, we may immediately deactivate
or delete your Web site membership and bar any further
access by you to any of our Products and Services.
Payment. Prices for all Subscription Services
exclude all applicable taxes and telecommunication
charges, unless expressly stated otherwise. To the
extent permissible under law, you are responsible
for any applicable taxes, whether or not they are
listed on your receipt or statement. If you purchase
Subscription Services, you agree to pay, using a
valid credit card or cheque, the applicable fees
and taxes (if any) set forth on the Web site. We
reserve the right, upon prior notice to you, to
change the amount of any fees and to institute new
fees, effective at the end of your current subscription
period. If payment cannot be charged to your credit
card or your payment is returned to PGD Canada for
any reason, PGD Canada reserves the right to either
suspend or terminate your access to the unpaid-for
Subscription Services.
Refund Policy. Payment for joining PGD Canada
is non-refundable.
Termination. The Subscriber’s membership to PGD
Canada may be temporarily suspended or wholly terminated
without notice or refund, if PGD Canada believes
that the Subscriber has failed to comply with the
Terms of Use.
Subscription Renewal. PGD Canada will send you
a renewal subscription email reminder ONE MONTH
prior to the anniversary of your purchase to ensure
that there is no interruption of your subscription
services. PGD Canada will require you to submit
a Subscription Order Form and renew your subscription
by mail or fax or online using PGD Canada’s online
subscription services. Credit card information used
for the purposes of purchasing PGD Canada’s services
will NOT be stored on our servers. They will be
used for the one time transaction, and will have
to be submitted upon renewal of the annual subscription
service. PGD Canada and its website does not collect
and retain user credit card information. Therefore,
PGD Canada is not responsible for the termination
of your subscription due to the delay in your subscription
renewal payment. Please contact the PGD Canada’s
Customer Support Team to renew, cancel your subscription,
or change your method of payment.
FREE TRIAL
From time to time PGD Canada may, at its discretion,
offer limited free trials of some products or services.
To view the details of your free trial, if any,
please visit our company Web site.
Only one free trial membership may be redeemed
per person, per year.
Once your free trial subscription membership
expires, you will no longer have access to PGD Canada’s
Products and Services unless you pay for PGD Canada’s
Subscription Services. You will be sent an email
reminder (if allowed so) of your free trial expiry
date.
VIOLATIONS
You agree to report to us any violations of these
Terms of Use as soon
as you become aware of such violations at
info@pgdcanada.com
PGD Canada may revise these
Terms of Use at any time
by updating this posting.
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